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Its corollary bars states from exercising jurisdiction within the territory of other states without their express consent, unless such an exercise can be based on other principles of jurisdiction, such as the principle of nationality, the passive personality principle, the protective principle, and possibly, the principle of universal jurisdiction.
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of ...
The South China Sea Arbitration (Philippines v. China, PCA case number 2013–19) [1] was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII (subject to Part XV) of the United Nations Convention on the Law of the Sea (UNCLOS, ratified by the Philippines in 1984, by the PRC in 1996, opted out from Section 2 of Part XV by ...
The Philippines, the People's Republic of China and Taiwan claim it. In April 2012, the Philippines accused Chinese boats of fishing illegally and asked them to leave. The Philippines is asserting jurisdiction over the shoal based on the juridical criteria established by public international law on the lawful methods for the acquisition of ...
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
This is because, unlike public international law (better known simply as international law), conflict of laws does not regulate the relation between countries but rather how individual countries regulate internally the affairs of individuals with connections to more than one jurisdiction. To be sure, as in other contexts, domestic law can be ...
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The Philippine Supreme Court, in a 2021 ruling, commented on the withdrawal from the Rome Statute and stated that the Philippines still has an obligation to cooperate in the ICC proceedings. [35] The administration of president Bongbong Marcos which succeeded Duterte in June 2022, maintained that the ICC has no jurisdiction in the Philippines. [36]